State of ARIZONA, Plaintiff, v. State of CALIFORNIA et al.

439 U.S. 419 (99 S.Ct. 995, 58 L.Ed.2d 627)

State of ARIZONA, Plaintiff, v. State of CALIFORNIA et al.

No. 8, Orig.

Decided: January 9, 1979

PER CURIAM and SUPPLEMENTAL DECREE.

The United States of America, Intervenor, State of Arizona, Complainant, the California Defendants (State of California, Palo Verde Irrigation District, Imperial Irrigation District, Coachella Valley County Water District, The Metropolitan Water District of Southern California, City of Los Angeles, City of San Diego, County of San Diego), and State of Nevada, Intervenor, pursuant to Art. VI of the Decree entered in the case on March 9, 1964, at 376 U.S. 340, 84 S.Ct. 755, 11 L.Ed.2d 757, and amended on February 28, 1966, at 383 U.S. 268, 86 S.Ct. 924, 15 L.Ed.2d 743, have agreed to the present perfected rights to the use of mainstream water in each State and their priority dates as set forth herein. Therefore, it is hereby ORDERED, ADJUDGED, AND DECREED that the joint motion of the United States, the State of Arizona, the California Defendants, and the State of Nevada to enter a supplement decree is granted and that said present perfected rights in each State and their priority dates are determined to be as set forth below, subject to the following:

(1) The following listed present perfected rights relate to the quantity of water which may be used by each claimant and the list is not intended to limit or redefine the type of use otherwise set forth in said Decree.

(2) This determination shall in no way affect future adjustments resulting from determinations relating to settlement of Indian reservation boundaries referred to in Art. II(D)(5) of said Decree.

(3) Article IX of said Decree is not affected by this

list of present perfected rights.

(4) Any water right listed herein may be exercised only for beneficial uses.

(5) In the event of a determination of insufficient mainstream water to satisfy present perfected rights pursuant to Art. II(B)(3) of said Decree, the Secretary of the Interior shall, before providing for the satisfaction of any of the other present perfected rights except for those listed herein as "MISCELLANEOUS PRESENT PERFECTED RIGHTS" (rights numbered 7-21 and 29-80 below) in the order of their priority dates without regard to State lines, first provide for the satisfaction in full of all rights of the Chemehuevi Indian Reservation, Cocopah Indian Reservation, Fort Yuma Indian Reservation, Colorado River Indian Reservation, and the Fort Mojave Indian Reservation as set forth in Art. II(D)(1)-(5) of said Decree, provided that the quantities fixed in paragraphs (1) through (5) of Art. II(D) of said Decree shall continue to be subject to appropriate adjustment by agreement or decree of this Court in the event that the boundaries of the respective reservations are finally determined. Additional present perfected rights so adjudicated by such adjustment shall be in annual quantities not to exceed the quantities of mainstream water necessary to supply the consumptive use required for irrigation of the practicably irrigable acres which are included within any area determined to be within a reservation by such final determination of a boundary and for the satisfaction of related uses. The quantities of diversions are to be computed by determining net practicably irrigable acres within each additional area using the methods set forth by the Special Master in this case in his Report to this Court dated December 5, 1960, and by applying the unit diversion quantities thereto, as listed below:

Unit Diversion

Quantity Acre-Feet

Indian Reservation Per Irrigable Acre

The foregoing reference to a quantity of water necessary to supply consumptive use required for irrigation, and as that provision is included within paragraphs (1) through (5) of Art. II(D) of said Decree, shall constitute the means of determining quantity of adjudicated water rights but shall not constitute a restriction of the usage of them to irrigation or other agricultural application. If all or part of the adjudicated water rights of any of the five Indian Reservations is used other than for irrigation or other agricultural application, the total consumptive use, as that term is defined in Art. I(A) of said Decree, for said Reservation shall not exceed the consumptive use that would have resulted if the diversions listed in subparagraph (i) of paragraphs (1) through (5) of Art. II(D) of said Decree and the equivalent portions of any supplement thereto had been used for irrigation of the number of acres specified for that Reservation in said paragraphs and supplement and for the satisfaction of related uses. Effect shall be given to this paragraph notwithstanding the priority dates of the present perfected rights as listed below. However, nothing in this paragraph (5) shall affect the order in which such rights listed below as "MISCELLANEOUS PRESENT PERFECTED RIGHTS" (numbered 7-21 and 29-80 below) shall be satisfied. Furthermore, nothing in this paragraph shall be construed to determine the order of satisfying any other Indian water rights claims not herein specified.

Table

* ARIZONA

A. Federal Establishments' Present Perfected Rights

The Federal establishments named in Art. II, subdivision (D), paragraphs (2), (4), and (5) of the Decree entered March 9, 1964, in this case, such rights having been decreed in Art. II:

Annual

Diversions Net Priority

Defined Area of Land (acre-feet)5 Acres5 Date

1) Cocopah Indian Reservation 2744 431 Sept. 27, 1917

2) Colorado River Indian 358,400 53,768 Mar. 3, 1865

Reservation

252,016 37308 Nov. 22, 1873

51,986 7,79 Nov. 16, 1874

3) Fort Mojave Indian Reservation 68,447 10,589 Feb. 2, 1911

(4) The Valley Division, Yuma Project in annual quantities not to exceed (i) 254,200 acre-feet of diversions from the mainstream or (ii) the quantity of mainstream water necessary to supply the consumptive use required for irrigation of 43,562 acres and for the satisfaction of related uses, whichever of (i) or (ii) is less, with a priority date of 1901.

(5) The Yuma Auxiliary Project, Unit B in annual quantities not to exceed (i) 6,800 acre-feet of diversions from the mainstream or (ii) the quantity of mainstream water necessary to supply the consumptive use required for irrigation of 1,225 acres and for the satisfaction of related uses, whichever of (i) or (ii) is less, with a priority date of July 8, 1905.

(6) The North Gila Valley Unit, Yuma Mesa Division, Gila Project in annual quantities not to exceed (i) 24,500 acre-feet of diversions from the mainstream or (ii) the quantity of mainstream water necessary to supply the consumptive use required for irrigation of 4,030 acres and for the satisfaction of related uses, whichever of (i) or (ii) is less, with a priority date of July 8, 1905.

1. The following miscellaneous present perfected rights in Arizona in annual quantities of water not to exceed the listed acre-feet of diversion from the mainstream to supply the consumptive use required for irrigation and the satisfaction of related uses within the boundaries of the land described and with the priority dates listed:

Annual

Diversions Priority

Defined Area of Land (acre-feet) Date

----------------- -----------

7)

160 acres in Lots 21, 24, 25, Sec. 29 and 960 1915

Lots 15, 16, 17 and 18, and the SW1/4 of the

SE1/4, Sec. 30, T.16S., R22E., San Bernardino

Base and Meridian, Yuma County, Arizona.(Powers)2

8)

Lots 11, 12, 13 19, 20, 22, and S1/2 of SW1/4, 1,140 1915

Sec. 30, T.16S., R22E., San Berardino Base

and Meridian, Yuma County, Arizona. (United States)3

NOTE: Footnotes to table items 7 through 25 are on p. 428

Diversions Priority

Defined Area of Land (acre-feet) Date

---------------- -----------

9)

60 acres within Lot2, Sec. 15 and Lots 1 and 2, 360 1902

Sec. 22 T.10N., R.19W, G&SRBM. (Graham) 2

10)

180 acres within the N1/2 of the S1/2 and the

S1/2 of the N1/2 of Sec. 13 and the SW1/4 of the 1,080 1902

NE1/4 of Sec. 14, T.18., R.22W., G&SRBM.(Hulet)2

11)

45 acres within the NE1/4 of the SW1/14, the

SW1/4 of theSW1/4 and the SE1/4 of the

SW1/4 of sec. 11, T.18N., R.22W., G&SRBM.

80 acres within the n1/2 of the SE1/4 of Sec. 1,050 1902

11.T.18N.,r22W.,G&SRBM.

10 acres within the NW1/4 of the NE1/4 of

Sec. 15, T.18N., R.22W., G & SRBM.

40 acres within the SE1/4 of the SE1/4 of Sec. 15,

12) 40 acres within Sec. 13, T.17N., R.22W., G & SRBM. 240 1902

(Miller)2

13) 120 acres within Sec. 27, T.18N., R.21W., G & SRBM.

15 acres within the NW1/4 of the NW1/4, Sec. 23, 810 1902

T.18N., R.22W., G & SRBM. (McKellips and Granite Reef

Farms)4

14) 180 acres within the NW1/4 of the NE1/4, the 1,080 1902

SW1/4 of the NE1/4, the NE1/4 of the SW1/4, the

NW1/4 of the SE1/4, the NE1/4 of the SE1/4, and

the SW1/4 of the SE1/4, and the

SE1/4 of the SE1/4, Sec. 31, T.18N., R.21W., G & SRBM.

(Sherrill & Lafollette)4

Diversions Priority

Defined Area of Land (acre-feet) Date

--------------- -----------

15) 53.89 acres as follows: 318 1928

Beginning at a point 995.1 feet easterly of the

NW corner of the NE1/4 of Sec. 10, T.8S.,

R.22W., Gila and Salt River Base and Meridian;

on the northerly boundary of the said NE1/4,

which is the true point of beginning, then

in a southerly direction to a point on the

southerly boundary of the said NE1/4 which is

thence easterly along the S. line of the NE1/4,

a distance of 807.3 feet to a point, thence N.

0x7' W., 768.8 feet to a point, thence E.

14' W., 1,067.6 feet to a point, thence E.

130 feet to a point, thence northerly 0x20'

W., 405.2 feet to a point, thence northerly 63x

10' W., 506.0 feet to a point, thence northerly

90x 15' W., 562.9 feet to a point on the

northerly boundary of the said NE1/4, thence

easterly along the said northerly boundary of

the said NE1/4, 116.6 feet to the true point of

the beginning containing 53.89 acres. All as

more particularly described and set forth in

that survey executed by Thomas A. Yowell,

Land Surveyor on June 24, 1969. (Molina)4

16) 60 acres within the NW1/4 of the NW1/4

and the north half of the SW1/4 of the NW1/4 of

Sec. 14, T.8S., R.22W., G & SRBM.

70 acres within the S1/2 of the SW1/4 of the SW1/4 780 1925

and the W1/2 of the SW1/4, Sec. 14, T.8S., R.22W.,

G & SRBM. (Sturges)4

17)120 acres within the N1/2 NE1/4, NE1/4 NW1/4,

Section 23, T.18N., R.22W., G & SRBM. (Zozaya)4 720 1912

Diversions Priority

Defined Area of Land (acre-feet) Date

--------------- -------------

18)

40 acres in the W1/2 of the NE1/4 of Section 30,

and 60 acres in the W1/2 of the SE1/4 of Section

30, and 60 acres in the E1/2 of the NW1/4 of

Section 31, comprising a total of 160 acres all in

Township 18 North, Range 21 West of the G & SRBM. (Swan)4 960 1902

19)

7 acres in the East 300 feet of the W1/2 of Lot 1

(Lot 1, being the SE1/4 SE1/4, 40 acres more or less),

Section 28, Township 16 South, Range 22 East,

San Bernardino Meridian, lying North of U.S. Bureau

of Reclamation levee right of way. EXCEPT that

portion conveyed to the United States of America

by instrument recorded in Docket 417, page 150

EXCEPTING any portion of the East 300 feet of

W1/2 of Lot 1 within the natural bed of the

Colorado River below the line of ordinary high

water and also EXCEPTING any artificial accretions

waterward of said line of ordinary high water,

all of which comprises approximately seven (7) acres.

(Milton and Jean Phillips)4 42 1900

2. The following miscellaneous present perfected rights in Arizona in annual quantities of water not to exceed the listed number of acre-feet of (i) diversions from the mainstream or (ii) the quantity of mainstream water necessary to supply the consumptive use, whichever of (i) or (ii) is less, for domestic, municipal, and industrial purposes within the boundaries of the land described and with the priority dates listed:

Annual

Defined Area of Land (acre-feet) (acre-feet) Date

20) City of Parker2 630 400 1905

21) City of Yuma2 2,333 1,478 1893

CALIFORNIA

A. Federal Establishments' Present Perfected Rights

The federal establishments named in Art. II, subdivision (D), paragraphs (1), (3), (4), and (5) of the Decree entered March 9, 1964, in this case such rights having been decreed by Art. II:

Annual

Diversions Net Priority

Defined Area of Land (acre-feet)5 Acres5 Date

22)

Chemehuevi Indian Reservation 11,340 1,900 Feb. 2, 1907

23)

Yuma Indian Reservation 51,616 7,743 Jan. 9,1884

24)

Colorado River Indian Reservation 10,745 1,612 Nov. 22, 1873

40,241 6,037 Nov. 16, 1874

3,760 564 May 15, 1876

25)

Fort Mojave Indian Reservation 13,698 2,119 Sept. 18, 1890

B. Water Districts' and Projects' Present Perfected Rights

26)

The Palo Verde Irrigation District in annual quantities not to exceed (i) 219,780 acre-feet of diversions from the mainstream or (ii) the quantity of mainstream water necessary to supply the consumptive use required for irrigation of 33,604 acres and for the satisfaction of related uses, whichever of (i) or (ii) is less, with a priority date of 1877.

27)

The Imperial Irrigation District in annual quantities not to exceed (i) 2,600,000 acre-feet of diversions from the mainstream or (ii) the quantity of mainstream water necessary to supply the consumptive use required for irrigation of 424,145 acres and for the satisfaction of related uses, whichever of (i) or (ii) is less, with a priority date of 1901.

28)

The Reservation Division, Yuma Project, California (non-Indian portion) in annual quantities not to exceed (i) 38,270 acre-feet of diversions from the mainstream or (ii) the quantity of mainstream water necessary to supply the consumptive use required for irrigation of 6,294 acres and for the satisfaction of related uses, whichever of (i) or (ii) is less, with a priority date of July 8, 1905.

1. The following miscellaneous present perfected rights in California in annual quantities of water not to exceed the listed number of acre-feet of diversions from the mainstream to supply the consumptive use required for irrigation and the satisfaction of related uses within the boundaries of the land described and with the priority dates listed:

Annual

Diversions Priority

Defined Area of Land (acre feet) Date

29)

130 acres within Lots 1, 2, and 3,

SE1/4 of NE1/4 of Section 27, T.16S.,

CC∅ | Transformed by Public.Resource.Org

6780 1856

NOTE:Footnotes to table items 29 through are on p. 435 Annual

Diversions Priority

Defined Area of Land (acre feet) Date

30)

406

acres within W1/2, W1/2 of E1/2 of Section 1,

T.9N., R.22E., S.B.B. & M. (Stephenson)6 240 1923

31)

20

acres within Lots 1 and 2, Sec. 19, T.13S.,

R.23E., and Lots 2, 3, and 4 of Sec. 24, T.13S.,

R.22E., S.B.B. & M. (Mendivil)6 120 1893

32)

30

acres within NW1/4 of SE1/4, S1/2 of SE1/4,

Sec. 24, and NW1/4 of NE1/4, Sec. 25, all in

T.9S., R.21E., S.B.B. & M. (Grannis)6 180 1928

33)

25

acres within Lot 6, Sec. 5; and Lots 1 and 2,

SW1/4 of NE 1/4, and NE1/4 of SE1/4 of Sec. 8,

and Lots 1 & 2 of Sec. 9, all in T.13S., R.22E.,

S.B.B. & M. (Morgan)6 150 1913

34)

18

acres within E1/2 of NW1/4 and W1/2 of

NE1/4 of Sec. 14, T.10S., R.21E., S.B.B. & M.

(Milpitas)6 108 1918

35)

10

acres within N1/2 of NE1/4, SE1/4 of NE1/4,

and NE1/4 of SE1/4 Sec. 30, T. 9 N., R. 23 E.,

S.B.B. & M. (Simons)6 60 1889

36)

16

acres within E1/2 of NW1/4 and N1/2

of SW1/4, Sec. 12, T.9N., R.22E.,

S.B.B. & M. (Colo.R. Sportsmen's League)6 96 1921

37)

11

5 acres within E1/2 of NW1/4, Sec. 1,

T.10S., R.21E., S.B.B. & M. (Milpitas)6 69 1914

38)

11

acres within S1/2 of SW1/4, Sec. 12,

T.9N., R.22E., S.B.B. & M. (Andrade)6 66 1921

39)

6

acres within Lots 2, 3, and 7 and NE1/4

of SW1/4, Sec. 19, T.9N., R.23E.,

S.B.B. & M. (Reynolds)6 36 1904 Annual

Diversions Priority

Defined Area of Land (acre feet) Date

40)

10

acres within N1/2 of NE1/4, SE1/4 of

NE1/4 and NE1/4 of SE1/4 Sec. 24, T.9N.,

R.22E., S.B.B. & M. (Cooper)6 60 1905

41)

20

acres within SW1/4 of SW1/4 (Lot 8),

Sec. 19, T.9N., R.23E., S.B.B. & M. (Chagnon)7 120 1925

42)

20

acres within NE1/4 of SW1/4, N1/2 of

SE1/4, SE1/4 of SE1/4, Sec. 14, T.9S.,

R.21E., S.B.B. & M. (Lawrence)7 120 1915

21010

The following miscellaneous present perfected rights in California in annual quantities of water not to exceed the listed number of acre-feet of (i) diversions from the mainstream or (ii) the quantity of mainstream water necessary to supply the consumptive use, whichever of (i) or (ii) is less, for domestic, municipal, and industrial purposes within the boundaries of the land described and with the priority dates listed:

Annual

Annual Consumptive

Diversions Use Priority

Defined Area of Land (acre-feet) (acre-feet) Date

----------------- ---------------

Annual

Annual Consumptive

Diversions Use Priority

Defined Area of Land (acre-feet) (acre-feet) Date

----------------- ---------------

Annual

Annual Consumptive

Diversions Use Priority

Defined Area of Land (acre-feet) (acre-feet) Date

----------------- ---------------

Annual

Annual Consumptive

Diversions Use Priority

Defined Area of Land (acre-feet) (acre-feet) Date

----------------- ---------------

Annual

Annual Consumptive

Diversions Use Priority

Defined Area of Land (acre-feet) (acre-feet) Date

----------------- ---------------

March 9, 1964, in this case, such rights having been decreed by Art. II:

Annual

Diversions Net Priority

Defined Area of Land (acre-feet) Acres Date

81)

Fort Mojave Indian Reservation 12,5348 1,9398 Sept. 18, 1890

82)

Lake Mead National Recreation Area 500 3009 May 3, 192910

(The Overton Area of Lake Mead

N.R.A. provided in Executive

Order 5105)

It is ordered that Judge Elbert P. Tuttle be appointed Special Master in this case with authority to fix the time and conditions for the filing of additional

A. Federal Establishments' Present Perfected Rights—Continued

pleadings and to direct subsequent proceedings, and with authority to summon witnesses, issue subpoenas, and take such evidence as may be introduced and such as he may deem necessary to call for. The Master is directed to submit such reports as he may deem appropriate.

The Master shall be allowed his actual expenses. The allowances to him, the compensation paid to his technical, stenographic, and clerical assistants, the cost of printing his report, and all other proper expenses shall be charged against and borne by the parties in such proportion as the Court may hereafter direct.

It is further ordered that if the position of Special Master in this case becomes vacant during a recess of the Court, THE CHIEF JUSTICE shall have authority to make a new designation which shall have the same effect as if originally made by the Court.

It is further ordered that the motion of Fort Mojave Indian Tribe et al. for leave to intervene, insofar as it seeks intervention to oppose entry of the supplemental decree, is denied. In all other respects, this motion and the motion of Colorado River Indian Tribes et al. for leave to intervene are referred to the Special Master.

Mr. Justice MARSHALL took no part in the consideration or decision of this case.

1 The quantity of water in each instance is measured by (i) diversions or (ii) consumptive use required for irrigation of the respective acreage and for the satisfaction of related uses, whichever of (i) or (ii) is less.

2 The names in parentheses following the description of the "Defined Area of Land" are used for identification of present perfected rights only; the name used is the first name appearing as the Claimants identified with a parcel in Arizona's 1967 list submitted to this Court.

3 Included as a part of the Powers' claim in Arizona's 1967 list submitted to this Court. Subsequently, the United States and Powers agreed to a Stipulation of Settlement on land ownership whereby title to this property was quieted in favor of the United States.

4 The names in parentheses following the description of the "Defined Area of Land" are the names of claimants, added since the 1967 list, upon whose water use these present perfected rights are predicated.

5 The quantity of water in each instance is measured by (i) diversions or (ii) consumptive use required for irrigation of the respective acreage and for satisfaction of related uses, whichever of (i) or (ii) is less.

43)

City of Needles

6 1,500 950 1885

44)

Portions of: Secs. 5, 6, 7 & 8, T.7N.,

R.24E.; Sec. 1, T.7N., R.23E.;Secs. 4,

5, 9, 10, 15, 22, 23, 25, 26, 35, & 36,

T.8N., R.23E.; Secs. 19, 29, 30, 32 &

33, T.9N., R.23E., S.B.B. & M. (Atchison,

Topeka and Santa Fe Railway Co.)6 1,260 273 1896

45)

Lots 1, 2, 3, 4, 5, & SW1/4 NW1/4 of

Sec. 5, T.13S., R.22E., S.B.B. & M.

(Conger)

7 1.0 0.6 1921

46)

Lots 1, 2, 3, 4 of Sec. 32, T.11S., R.22E.,

S.B.B. & M. (G. Draper)7 1.0 0.6 1923

47)

Lots 1, 2, 3, 4, and SE1/4 SW1/4 of Sec.

20, T.11s., R.22E., S.B.B. & M. (McDonough)7 1.0 0.6 1919

48)

SW1/4 of Sec. 25, T.8S., R.22E., S.B.B.

& M. (Faubion)

7 1.0 0.6 1925

49)

W1/2 NW1/4 of Sec. 12, T.9N., R.22E., S.B.B.

& M. (Dudley)

7 1.0 0.6 1922

50)

N1/2 SE1/4 and Lots 1 and 2 of Sec. 13,

T.8S., R.22E., S.B.B. & M. (Douglas)7 1.0 0.6 1916

51)

N1/2 SW1/4, NW1/4 SE1/4, Lots 6 and 7,

Sec. 5, T.9S., R22E., S.B.B. & M. (Beauchamp)7 1.0 0.6 1924

52)

NE1/4 SE1/4, SE1/4 NE1/4, and Lot 1, Sec. 26,

T.8S., R.22E., S.B.B. & M. (Clark)7 1.0 0.6 1916

53)

N1/2 SW1/4, NW1/4 SE1/4, SW1/4 NE1/4, Sec. 13,

T.9S., R.21E., S.B.B. & M. (Lawrence)7 1.0 0.6 1915

54)

N1/2 NE1/4, E1/2 NW1/4, Sec. 13, T.9S., R.21E.,

S.B.B. & M. (J. Graham)7 1.0 0.6 1914

55)

SE1/4, Sec. 1, T.9S., R.21E., S.B.B. & M.

(Geiger)

7 1.0 0.6 1910

56)

Fractional W1/2 of SW1/4 (Lot 6)

Sec. 6, T.9S., R.22E., S.B.B. &

M. (Schneider)7 1.0 0.6 1917

57)

Lot 1, Sec. 15; Lots 1 & 2, Sec. 14;

Lots 1 & 2, Sec. 23; all in T.13S.,

R.22E., S.B.B. & M. (Martinez)7 1.0 0.6 1895

58)

NE1/4, Sec. 22, T.9S., R.21E., S.B.B.

& M. (Earle)

7 1.0 0.6 1925

59)

NE1/4 SE1/4, Sec. 22, T.9S., R.21E.,

S.B.B. & M. (Diehl)7 1.0 0.6 1928

60)

N1/2 NW1/4, N1/2 NE1/4, Sec. 23, T.9S.,

R.21E., S.B.B. & M. (Reid)7 1.0 0.6 1912

61)

W1/2 SW1/4, Sec. 23, T.9S., R.21E.,

S.B.B. & M. (Graham)7 1.0 0.6 1916

62)

S1/2 NW1/4, NE1/4 SW1/4, SW1/4 NE1/4,

Sec. 23, T.9S., R.21E., S.B.B. &

M. (Cate)

7 1.0 0.6 1919

63)

SE1/4 NE1/4, N1/2 SE1/4, SE1/4

SE1/4, Sec. 23, T.9S., R.21E.,

S.B.B. & M. (McGee)71.0 0.6 1924

64)

SW1/4 SE1/4, SE1/4 SW1/4, Sec. 23,

NE1/4 NW1/4, NW1/4 NE1/4, Sec. 26;

all in T.9S., R.21E., S.B.B. & M.

(Stallard)

7 1.0 0.6 1924

65)

W1/2 SE1/4, SE1/4 SE1/4, Sec. 26, T.9S.,

R.21E., S.B.B. & M. (Randolph)7 1.0 0.6 1926

66)

E1/2 NE1/4, SW1/4 NE1/4, SE1/4 NW1/4, Sec.

26, T.9S., R.21E., S.B.B. & M. (Stallard)7 1.0 0.6 1928

67)

S1/2 SW1/4, Sec. 13, N1/2 NW1/4, Sec. 24;

all in T.9S., R.21E., S.B.B. & M. (Keefe)7 1.0 0.6 1926

68)

SE1/4 NW1/4, NW1/4 SE1/4, Lots 2, 3 & 4,

Sec. 25, T.13S., R.23E., S.B.B. & M. (C. Ferguson)7 1.0 0.6 1903

69)

Lots 4 & 7, Sec. 6; Lots 1 & 2, Sec. 7;

all in T.14S., R.24E., S.B.B. & M. (W. Ferguson)7 1.0 0.6 1903

70)

SW1/4 SE1/4, Lots 2, 3, and 4, Sec. 24,

T.12S., R.21E., Lot 2, Sec. 19, T.12S.,

R.22E., S.B.B. & M. (Vaulin)7 1.0 0.6 1920

71)

Lots 1, 2, 3 and 4, Sec. 25, T.12S.,

R.21E., S.B.B. & M. (Salisbury)7 1.0 0.6 1920

72)

Lots 2, 3, SE1/4 SE1/4, Sec. 15, NE1/4

NE1/4, Sec. 22; all in T.13S., R.22E.,

S.B.B. & M. (Hadlock)71.0 0.6 1924

73)

SW1/4 NE1/4, SE1/4 NW1/4, and Lots 7 & 8,

Sec. 6, T.9S., R.22E., S.B.B. & M. (Streeter)7 1.0 0.6 1903

74)

Lot 4, Sec. 5; Lots 1 & 2, Sec. 7;

Lots 1 & 2, Sec. 8; Lot 1, Sec. 18;

all in T.12S., R.22E., S.B.B. & M.

(J. Draper)

7 1.0 0.6 1903

75)

SW1/4 NW1/4, Sec. 5; SE1/4 NE1/4 and

Lot 9, Sec. 6; all in T.9S., R.22E.,

S.B.B. & M. (Fitz)

71.0 0.6 1912

76)

NW1/4 NE1/4, Sec. 26; Lots 2 & 3, W1/2

SE1/4, Sec. 23; all in T.8S., R.22E.,

S.B.B. & M. (Williams)71.0 0.6 1909

77)

Lots 1, 2, 3, 4, & 5, Sec. 25, T.8S.,

R.22E., S.B.B. & M. (Estrada)7 1.0 0.6 1928

78)

S1/2 NW1/4, Lot 1, frac. NE1/4 SW1/4 Sec.

25, T.9S., R.21E., S.B.B. & M. (Whittle)71.0 0.6 1925

79)

N1/2 NW1/4, Sec. 25; S1/2 SW1/4, Sec.

24; all in T.9S., R.21E., S.B.B. & M.

(Corington)

7 1.0 0.6 1928

80)

S1/2 NW1/4, N1/2 SW1/4, Sec. 24, T.9S.,

R.21E., S.B.B. & M. (Tolliver)7 1.0 0.6 1928

III

NEVADA

A. Federal Establishments' Present Perfected Rights

The federal establishments named in Art. II, subdivision (D), paragraphs (5) and (6) of the Decree entered on

----------

6 The names in parentheses following the description of the "Defined Area of Land" are used for identification of present perfected rights only; the name used is the first name appearing as the claimant identified with a parcel in California's 1967 list submitted to this Court.

7 The names in parenthesis following the description of the "Defined Area of Land" are the names of the homesteaders upon whose water use these present perfected rights, added since the 1967 list submitted to this Court, are predicated.

8 The quantity of water in each instance is measured by (i) diversions or (ii) consumptive use required for irrigation of the respective acreage and for satisfaction of related uses, whichever of (i) or (ii) is less.

9 Refers to acre-feet of annual consumptive use, not to net acres.

10 Article II (D)(6) of said Decree specifies a priority date of March 3, 1929. Executive Order 5105 is dated May 3, 1929 (see. C.F.R.1964 Cumulative Pocket Supplement, p. 276, and the Findings of Fact and Conclusions of Law of the Special Master's Report in this case, pp. 294-295).